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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
CHALLA GUNARANJAN
S.B.G. Sarma, E.G. District – Appellant
Versus
Bank Of Baroda Mumbai – Respondent
| Table of Content |
|---|
| 1. challenge to the charge memo issued to petitioner (Para 1 , 2 , 3) |
| 2. respondents assert alternative remedy exists (Para 4) |
| 3. arguments regarding jurisdiction post retirement (Para 9 , 10) |
| 4. court's review of disciplinary process integrity (Para 11 , 12) |
| 5. differentiation between types of misconduct (Para 15 , 19) |
| 6. inapplicability of disciplinary proceedings after retirement (Para 16 , 24) |
| 7. procedural errors in disciplinary action findings (Para 21 , 23 , 25) |
| 8. court's ruling quashing charge memo and granting relief (Para 26 , 27) |
ORDER :
CHALLA GUNARANJAN, J.
Writ petitioner initially assailed the charge memo vide Lr.No.BCC/HRM/IL/95/DA190/7021, dated 26.08.2003/02.09.2003, issued by 2nd respondent purportedly in exercise of powers under Regulation 45 & 48 of Bank of Baroda Officer Employees’ Pension Regulations, 1995 (hereinafter, referred to as ‘Pension Regulations’) r/w Sub-Regulation 6(3) of Bank of Baroda Officer Employees’ (Discipline & Appeal Regulations), 1976 (hereinafter, referred to as ‘DA Regulations’) to be arbitrary, illegal and without jurisdiction.
2. Subsequent to filing of writ petition, as the 2nd respondent has passed order dated 21.04.2006 impo
Disciplinary actions initiated post-retirement lack jurisdiction, rendering related penalties unlawful. Proper protocols for issuing charge memos and penalties under applicable regulations must inclu....
Disciplinary proceedings against retired employees must be commenced within four years of the conduct, or they become invalid.
Disciplinary proceedings under service regulations against superannuated officers commence only on charge-sheet issuance, not show cause notice. Post-retirement continuation invalid; use pension regu....
(1) Disciplinary Proceedings – If extant service Rules/Regulations permit continuance of disciplinary proceedings, initiated against an officer/ employee before he had attained age of superannuation,....
Disciplinary charges against retired employees are limited to events occurring within four years prior to charge issuance, with their procedural rights fully protected.
Disciplinary proceedings initiated prior to superannuation may continue post-retirement if service regulations so provide. Penalties, including reduction in pay scale, are legally permissible and imp....
The main legal point established in the judgment is that the initiation of disciplinary proceedings after an employee's retirement is subject to the provisions of the relevant pension and service reg....
Disciplinary proceedings cannot be initiated against a retired employee for events older than four years post-retirement, abiding by Regulation 48(2).
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